Regulation 5 Pension compensation sharing order not to take effect pending appeal

(1)

No pension compensation sharing order under the provisions listed in paragraph (2), or a variation of a pension compensation sharing order under the provisions listed in paragraph (3), shall take effect earlier than 7 days after the end of the period for filing notice of appeal against the order.

(2)

The provisions referred to in paragraph (1) in relation to pension compensation sharing orders are—

(a)

section 24E of the 1973 Act^f1;

(b)

section 17(1)(c ) of the 1984 Act^f2;

(c)

paragraph 19A of Schedule 5 to the 2004 Act^f3;

(d)

paragraph 9(2) of Schedule 7 to the 2004 Act.

(3)

The provisions referred to in paragraph (1) in relation to variation of pension compensation sharing orders are—

(a)

section 31 of the 1973 Act^f4;

(b)

paragraphs 57 of Schedule 5 to the 2004 Act^f5.

(4)

The filing of a notice of appeal within the time allowed for doing so prevents the order taking effect before the appeal has been dealt with.

Annotations

Footnotes

f1: Section 24E was inserted by section 120 of and Part 1, paragraphs 1 and 3 of Schedule 6 to the Pensions Act 2008.
f2: Section 21(1)(bca) of the Matrimonial and Family Proceedings Act 1984 applies section 24E(3) to (10) of the Matrimonial Causes Act 1973 to an order under section 17(1)(c ) of the 1984 Act. Section 21(1)(bca) of the 1984 Act was inserted by section 120 and Part 2, paragraphs 10 and 13(1) and (2) of Schedule 6 to the Pensions Act 2008.
f3: Paragraph 19A of Schedule 5 to the Civil Partnership Act 2004 was inserted by section 120 of and Part 3, paragraphs 14 and 15 of Schedule 6 to the Pensions Act 2008.
f4: Section 31(2)(g) was inserted by section 19 of and paragraphs 1 and 7 (1) and (2) of Schedule 3 to the Welfare Reform and Pensions Act 1999 and amended by section 120 of and Part 1, paragraphs 1, 8(1) and (3) of Schedule 6 to the Pensions Act 2008. Section 31(2) (g) applies to an order under section 17(1)(c ) of the Matrimonial and Family Proceedings Act 1984 Act by virtue of section 21(1)(f) of that Act.
f5: Paragraph 57(1)(a) was amended by section 120 of and Part 3, paragraphs 14, and 18(1) and (7)(a) and (b) of Schedule 6 to the Pensions Act 2008. Paragraph 57 (1)(a) applies to an order under paragraph 9 of Schedule 7 to the 2004 Act by virtue of paragraph 14(1)(g) of that Schedule.